Davis v. State

Citations

• 51 Fla. 37

Syllabus

<p>1. Where an indictment for feloniously and burglariously breaking and entering a building contains no allegation as to the ownership of the building, the indictment is fatally defective; and a motion to quash it should be sustained.</p> <p>2. An indictment which charges that the accused feloniously and burglariously did break and enter, &c. “that certain building commonly known as and called the store house of one B. F. Pope,” and contains no allegation as to the ownership of the building, is fatally defective; and a motion to quash the indictment should be sustained since the quoted words are merely descriptive of the building and are not an allegation as to the ownership of the building.</p>